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When can you file a CUE based on m21-1 and 38 CFR


kanewnut
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Binding decisions are those issued by the RO that are not yet over one year old( finally adjudicated decisions). These binding decisions can have a CUE filed on them according to the following M21-1 and 38 CFR citations. No matter what the RO calls it when a corrected decision is issued you are still allowed to file a CUE on a binding decision from what I read here. I really don't care if they call it CUE, "rating revision" or whatever, I am only interested in the granting of benefits. I hope this is at least as clear as mud.

 

M21-1 ADJUDICATION PROCEDURES MANUAL, pt. III, subpt. iv, ch. 7, sect. B

III.iv.7.B.3.c.  Procedure for Correction of Rating Decisions 
When a correction of an entitlement outcome is required for an issued decision that is binding, there must be
CUE under the provisions of 38 CFR 3.105(a) and M21-1, Part III, Subpart iv, 2.B.4  
III.iv.7.B.3.d. Revising Erroneous Anatomical Qualifiers 
Example:  An original award of SC of gunshot wound to the left thigh, rather than the actual right thigh, is a CUE subject to correction under 38 CFR 3.105(a).
A CUE decision, under 38 CFR 3.105(a), is for application when previous determinations are binding.

M21-1, Part III, Subpart iv, Chapter 2, Section B - Revision of Decisions
1.  Finality of Decisions 
Introduction   This topic contains general information on revising prior determinations, including
binding determinations
significance of binding determinations
finally adjudicated claims
binding but not finally adjudicated claims, and
revising binding decisions. 


III.iv.2.B.1.b.  Significance of Binding Determinations
Binding determinations are not subject to revision except by the Board of Veterans’ Appeals (BVA), by Federal court order, or as provided in 38 CFR 3.105, 38 CFR 3.2500, and 38 CFR 3.2600.

§3.105   Revision of decisions
(2) Error in binding decisions prior to final adjudication. Prior to the time that a claim is finally adjudicated, previous decisions which are binding will be accepted as correct by the agency of original jurisdiction, with respect to the evidentiary record and law existing at the time of the decision, unless the decision is clearly erroneous, after considering whether any favorable findings may be reversed as provided in §3.104(c). 

§ 3.104 Binding nature of decisions.
(b) Binding administrative determinations. Current determinations of line of duty, character of discharge, relationship, dependency, domestic relations questions, homicide, and findings of fact of death or presumptions of death made in accordance with existing instructions, and by application of the same criteria and based on the same facts, by either an Adjudication activity or an Insurance activity are binding one upon the other in the absence of clear and unmistakable error.
(c) Favorable findings. Any finding favorable to the claimant made by either a VA adjudicator, as described in § 3.103(f)(4), or by the Board of Veterans' Appeals, as described in § 20.801(a) of this chapter, is binding on all subsequent agency of original jurisdiction and Board of Veterans' Appeals adjudicators, unless rebutted by evidence that identifies a clear and unmistakable error in the favorable finding. For purposes of this section, a finding means a conclusion either on a question of fact or on an application of law to facts made by an adjudicator concerning the issue(s) under review. 
 

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